New York Sports Case Law Update: Recent Applications of the Assumption of Risk Defense in Sports Injury Actions

According to the doctrine of primary assumption of risk, a participant in a sport or recreational activity is deemed to consent to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation. A trio of recent cases from New York’s Appellate Division, Second Department illustrate when the doctrine of primary assumption of the risk will — and when it will not — provide summary judgment to a defendant in a sports injury…
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It’s All Fun and Games Until Someone Loses an Eye

On September 8, 2009, John C. Coomer went to see a Kansas City Royals baseball game, an activity he had done dozens of times before.  This time, however, he would not return home unscathed – during an in-game promotion known as the Hotdog Launch, Coomer was struck in the eye by a flying dog thrown by “Sluggerrr,” the team’s mascot.  While the story might seem amusing, Coomer’s injuries were not; the impact of the hotdog detached Coomer’s retina, forcing him to undergo two surgeries to…
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